B.S.Chauhan, J. - (1.) This writ petition has been filed raising the grievance that in spite of the fact that civil court passed an interim injunction in favour of the petitioner in the pending Civil Suit No. 85 of 2003, the respondents are not ensuring the compliance thereof.
(2.) The facts and circumstances giving rise to this case are that a road is being constructed, and for that purpose, earth is being taken from the petitioner's land. Being aggrieved, he filed a Civil Suit No. 85 of 2003, Satya Prakash and Ors. v. Chairman, Awas Abhiyanta and Ors. Vide order dated 31.5.2005, the civil court, while entertaining the application for interim relief, directed the parties to maintain status quo. The copy of the said order was served upon the District Magistrate to ensure its compliance, but appropriate steps were not taken by him. Being aggrieved, the petitioners filed another application under Section 151, C.P.C. on 27.9.2005 for passing a more effective interim order but the said application is not being disposed of. Hence this petition.
(3.) Shri Arun Kumar Tiwari, learned Counsel for the petitioners has submitted that once the civil court passed the order for maintaining status quo, it was the solemn duty of the respondents to ensure the compliance of the said order, and by not passing any order on the representation filed by the petitioners the District Magistrate acted in violation of the order of the civil court. The petitioners therefore filed another application under Section 151, C.P.C. which is still pending consideration. Thus, this Court must direct the respondents to ensure the compliance of the order dated 31.5.2005, passed by the civil court.;